Legal Question in Credit and Debt Law in Washington

Student Loan

My husband has a large student loan debt in his name and he just passed away. I live in WA state. Do I inherity this loan even tho it was his?


Asked on 9/17/07, 10:28 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Student Loan

If the student loan pre dated your marriage - in other words, if he took out the loan and attended school before you got married - then it is entirely possible this is his debt, not yours. But I'd have to review the loan docs. to tell you for sure.

WA is a community property state, but student loans are oftentimes considered a separate obligation, and you cannot be held responsible for a decedent's death without a writing. That said, I don't have enough information to give you an opinion on your situation.

I'm sorry for your loss. The best advice I can give you is to set up a consult with a local attorney who practices probate and talk with them. Even a half hour is enough time.

Hope this helps - Elizabeth Powell

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Answered on 9/18/07, 1:06 pm


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